header-logo header-logo

18 September 2008
Issue: 7337 / Categories: Case law , Law digest
printer mail-detail

Trade marks

Honda Motor Europe Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) [2008] All ER (D) 35 (Sep)

Under Art 8 of reg 40/94 (opposition to the registration of a trademark by the proprietor of an earlier trade mark), the risk that the public might believe that the goods or services in question come from the same undertaking or from economically-linked undertakings, constitutes a likelihood of confusion. Account should be taken of the similarity between the trade marks and between the goods or services.

The global assessment of the likelihood of confusion should be based on the overall impression given by the marks, bearing in mind their distinctive and dominant components.

A complex trade mark could be regarded as being similar to another trade mark which is identical or similar to one of the components of the complex mark, unless that component forms the dominant element within the overall impression created by the complex mark (as where that component was, by itself, likely to dominate the image of that mark which the relevant public kept in mind, with the result that all the other components of the mark were negligible within the overall impression created by it).

The more distinctive the earlier mark, the greater is the likelihood of confusion and therefore marks with a highly distinctive character, either per se or because of the recognition they possess on the market, enjoy broader protection than marks with a less distinctive character.
 

Issue: 7337 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll